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Articles 1 - 11 of 11
Full-Text Articles in Law
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Vanderbilt Law Review
Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird
American University Law Review
No abstract provided.
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Faculty Publications
With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …
Redefining Trademark Alteration Within The Context Of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, Jeffrey W. Strouse
Redefining Trademark Alteration Within The Context Of Aesthetic-Based Zoning Laws: A Blockbuster Dilemma, Jeffrey W. Strouse
Vanderbilt Law Review
In 1978, a Nevada Federal District Court permitted the Nevada Real Estate Advisory Commission to regulate the registered service mark' of Century 21, a national franchisor of real estate brokerage firms.' Prior to this state regulation, Century 21's mark occupied approximately 80 percent of the surface area of any given display, while the name of the local franchisee covered the remaining 20 percent. To prevent consumer confusion," the Commission required that the 80:20 ratio be changed to a 50:50 ratio, effectively making the franchisee's logo as large as its counterpart. Century 21 objected to this mandate, arguing in part that …
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Marquette Intellectual Property Law Review
This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful …
The Paradoxes Of Free Software, Stephen M. Mcjohn
The Paradoxes Of Free Software, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Marquette Intellectual Property Law Review
Professors Field, Nard, and Duffy submitted an amicus brief to the Supreme Court in the case of Dickinson v. Zurko. In Dickinson, the Federal Circuit concluded that the Patent and Trademark Office's factual findings must be reviewed under a clearly erroneous standard and not the substantial evidence standard set out in the Administrative Procedure Act. However, the amicus brief asserted that the PTO is subject to the standards of judicial review set forth in the APA.
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
Marquette Intellectual Property Law Review
The Madrid Agreement enables trademark owners in signatory countries to secure international trademark registration by filing one application instead of filing separate applications in each foreign country's trademark office. The United States has never acceded to the Agreement because critics have held that the Agreement favors registration-based trademark systems rather than the use-based system found in the United States. Accordingly, the Madrid Protocol was drafted to address the United States' objections to the Agreement and to provide an international registration vehicle for countries that declined to participate Agreement. In this article, the author examines the Madrid Agreement, compares the Agreement …
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Northwestern Journal of International Law & Business
Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …